Admin cases can't be filed vs. Albayalde once he retires —PNP OIC Gamboa

Administrative cases cannot be filed by the Philippine National Police (PNP) against its former chief Police General Oscar Albayalde once he officially retires from service next month, according to PNP officer-in-charge Lieutenant General Archie Francisco Gamboa.

"As long as he's not retired, the PNP has jurisdiction, the NAPOLCOM (National Police Commission) has jurisdiction. After November 8, hindi na siya puwede file-an ng administrative case. Why? Kasi wala nang jurisdiction," Gamboa said in an interview on GMA News' Unang Balita on Tuesday.

Albayalde who relinquished his post as PNP chief on Monday ahead of his retirement on November 8, had been embattled after a questionable Pampanga drug bust operation in 2013 resurfaced in the recent Senate inquiry into ninja cops.

Former PNP-Criminal Investigation and Detection Group (CIDG) chief and now Baguio City Mayor Benjamin Magalong alleged that Albayalde intervened to curtail the implementation of the dismissal order against the 13 police officials who figured in the alleged drug recycling.

Albayalde had consistently denied this accusation.

Meanwhile, Gamboa said a policy review must be done amid concerns on the fate of the 13 cops who had been demoted instead of getting dismissed.

"Now meron tayong principle sa batas na double jeopardy sa criminal cases. Dito naman sa admin, we call it barred by prior judgement. Hindi mo puwedeng buksan ang isang kaso na dati nang may judgment which has been final and served," he said.

Gamboa added the system has to have a provision that will accommodate appeals from the public.

"'Pag mali 'yung decision o aggrieved 'yung taumbayan sa decision ng disciplinary authority, for this case it's the regional director, saan pupunta ang tao? Saan pupunta ang bayan para sabihing, 'Sir, mali 'yung desisyon ninyo.' Talagang kailangang upuan, tingnan ang mga proseso," Gamboa said.

Interior Secretary Eduardo Año, on the other hand, said that new administrative cases may be filed against the 13 cops even though the former cases against them had already been served with finality.

"It does not prevent us from filing a different administrative case based on the results of the Senate investigation," Año said in a separate interview on GMA News' Unang Balita on Tuesday.

"'Yung hindi nila pagsasabi ng katotohanan at mayroong bagong lumabas na witnesses na nagsasabing nagkaroon ng switching ng sinasabing suspect," he added, while noting that criminal cases were being handled by the Department of Justice.

Senator Richard Gordon said the Senate blue ribbon and justice committees would continue to gather evidence on police involvement in illegal drugs.

He underscored that cases must be filed against Albayalde and the alleged ninja cops. —Dona Magsino/KG, GMA News